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Author : I. P. Asscher-Vonk
Publisher : Springer
Page : 322 pages
File Size : 49,5 Mb
Release : 1993-04-26
Category : Business & Economics
ISBN : UOM:35128001486131
Author : Roger Blanpain
Publisher : Kluwer Law International B.V.
Page : 228 pages
File Size : 42,7 Mb
Release : 2013-07-11
Category : Law
ISBN : 9789041147783
Since the very beginning, temporary agency work has been an accepted feature in the United States’ labour market. In the European Union, however, it took more than thirty years to agree on European-level legislation in this area. The European Directive 2008/104/EC on Temporary Agency Work was promulgated on 19 November 2008. Implementation was due by 5 December 2011. The directive left many options for Member States, such as regarding the fundamental issue of equal treatment between the temporary agency worker and a comparable worker in the user enterprise. Furthermore, Member States had to review restrictions or prohibitions on the use of temporary agency work in order to comply with the directive. This book provides in-depth insight into the transposition of Directive 2008/104/EC in national legislation, collective agreements, and practices throughout the European Union. A comparison with the regulation of temporary agency work in the United States gives perspective to the analysis and allows for an assessment of the level of protection afforded in this sector of the labour market both in the EU and in the US.
Author : Ola Bergström,Donald W. Storrie
Publisher : Edward Elgar Publishing
Page : 274 pages
File Size : 55,7 Mb
Release : 2003
Category : Political Science
ISBN : 1781008124
'Bergström and Storrie are to be praised for what stands as a highly readable, engaging account of the development of temporary work, and also one that breaks new ground. The focus here is not just on profiling national trends, but also on locating them in a broader regulatory context. At a time when even the most passive regulation is derided for undermining "flexibility" and holding back growth, the insights contained in this book are of considerable value. In my view, Contingent Employment in Europe and the United States should be essential reading both for academics and policymakers.' - Ian Kirkpatrick, Industrial Relations Journal Contingent Employment in Europe and the United States examines the developments in labour markets in advanced economies in the 21st century, as regards contingent employment. This is defined as employment relationships that can be terminated with minimal costs within a predetermined period of time. This includes fixed-term contracts, temporary agency work and self-employment. Contingent employment has been the subject of much legislative activity in the last decade, at both the national and European level. Temporary agency work, in particular, has recently been extensively deregulated in most European countries and currently we await the fate of a proposed EU directive on agency work. The book is therefore highly topical.
Author : Isabelle Schömann,Coralie Guedes
Publisher : Unknown
Page : 80 pages
File Size : 53,6 Mb
Release : 2012
Category : Contract labor
ISBN : WISC:89123923351
Author : Christina Hießl
Publisher : Linde Verlag GmbH
Page : 182 pages
File Size : 44,6 Mb
Release : 2021-01-07
Category : Law
ISBN : 9783709411391
European Social Law at a glance The present book sets out – in a concise manner – the social law of the European Union. Apart from core areas of European labour law, the regulation of which is based on the EU’s competence in social policy, it covers notably the numerous rights based one the free movement of workers and other EU citizens, as well as the coordination of social security. Beyond that, the book refers to other fields of EU regulation which are prone to cause conflicts between the member states’ national social law and the relevant EU norms, which remain challenging to resolve to this day. Extensive reference is made to the case law of the European Court of Justice, which continues to have a paramount role in shaping the social law of the EU as it stands. The book is primarily aimed at students confronted with European social law for the first time. Besides, it should constitute a well-structured source of reference for law practitioners in the rising number of cases where EU law is of relevance for national legal practice.
Author : Alan Bogg,Cathryn Costello,A.C.L. Davies
Publisher : Edward Elgar Publishing
Page : 592 pages
File Size : 52,9 Mb
Release : 2016-12-30
Category : Law
ISBN : 9781783471126
Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.
Author : Matteo Bottero
Publisher : Kluwer Law International B.V.
Page : 547 pages
File Size : 44,7 Mb
Release : 2020-12-11
Category : Law
ISBN : 9789403528649
Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
Author : Alain Supiot,Pamela Meadows
Publisher : Oxford University Press, USA
Page : 276 pages
File Size : 51,5 Mb
Release : 2001
Category : Business & Economics
ISBN : 0199243050
'Beyond Employment is a useful contribution to the debate on how society should go about regulating work in the early 21st century.' -John Philpott, Financial Adviser'Suited to students interested in labour law and employment in Europe' -European Access PlusThis book is the English edition of what has become widely known as 'The Supiot Report', a bold and far-reaching look at the changing nature of work, employment and labour institutions, and systems of regulation and welfare. The author places recent developments in their economic, social, institutional, and legal contexts, and draws upon illustrations from a number of European countries.
Author : Gerald G. Sander,Vesna Tomljenović,Nada Bodiroga-Vukobrat
Publisher : Springer
Page : 327 pages
File Size : 42,8 Mb
Release : 2018-06-22
Category : Law
ISBN : 9783319022192
This book employs an innovative approach to explore the topic of flexicurity and related changes in the working world, the importance of which for the overall economic and social development is gradually being recognised. It focuses on the changing nature of work and its impact on EU law and national labour and social security laws. Though the transformation of regulatory and institutional frameworks of labour relations follows different patterns in different EU Member States, it is nevertheless a common phenomenon that offers an excellent opportunity for mutual learning experiences and comparing notes on best practices. Taking these ideas as a starting point, the book presents a collection of research on various aspects and implications of changing labour relations in the EU Member States. The opening chapters address the internal market dimension of the transformation of employment relations by investigating how social dumping, integration of migrant workers, and cross-border mergers influence national labour policies and laws. The book further analyses linguistic and terminological challenges in the field of labour law in the EU’s multi-lingual legal environment. Subsequent chapters cover various theoretical and practical issues, such as the impact of chain-liability regulatory models on the legal situation of workers in subcontracting networks, and modern work arrangements in the collaborative or ‘gig’ economy. Other chapters are dedicated to issues of jurisdiction and law applicable to individual employment contracts, as well as alternative resolution mechanisms in labour disputes. The next section offers fresh insights on and a critical overview of the well-known Danish and Dutch models of flexicurity, often cited as role models for reforms of labour markets in other EU Member States. Three individual chapters investigate specific aspects of flexicurity in Croatia, in terms of individual dismissals, life-long learning and the impact of non-standard employment on future pension entitlements. One paper explores temporary agency work in Germany as an important instrument of flexicurity, while another discusses various forms of work used in Slovenia in the context of flexibilization of work relations. Many challenges still lie ahead, and the primary aim of this book is to provide a solid basis for informed future discussions.
Author : Anders Etgen Reitz
Publisher : American Bar Association
Page : 440 pages
File Size : 53,7 Mb
Release : 2007
Category : Law
ISBN : 1590319028
This book is a practical tool for legal practitioners and in-house counsel advising clients on their foreign operations in the new EU. The book begins with an introduction to EU legislation, EU directives, and the enlargement of the European Union. Each chapter provides an overview of labor law, hiring, terms and conditions, termination, discrimination, and business transfers in the following countries: Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Macedonia, Malta, Poland, Romania, Slovakia, Slovenia, and Turkey. A table of statutes and EU legislation completes the book.
Author : Frans Pennings,Claire Bosse
Publisher : Kluwer Law International B.V.
Page : 242 pages
File Size : 48,5 Mb
Release : 2011-01-01
Category : Business & Economics
ISBN : 9789041132895
In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law and how the distinction between employees and self-employed can become more clear. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: * redefining the subordination criterion; * the role of the courts; * determination of the contract of employment; * forms of labour involving more than two contracting parties (e.g., employment agency arrangements); * the legal position of temporary workers; * 'employee-like' persons, e.g., home-workers or commercial representatives; * the 'bogus' self-employed; * introduction and effect of legal presumptions in labour law and/or social security; * developing uniform criteria for the employment relationship; * criteria for identifying self-employed but economically-dependent workers; * extension of protection of labour law to persons other than employees or the self-employed; and * social rights applicable to all work contracts irrespective of their formal qualification; * floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called 'the most important industrial relations issue of our time.'
Author : European Commission. Directorate-General for Employment, Social Affairs and Inclusion
Publisher : Unknown
Page : 116 pages
File Size : 53,8 Mb
Release : 2014
Category : European Union countries
ISBN : UCSD:31822038861266
The Social Europe guide is a bi-annual publication aimed at providing an interested but not necessarily specialised audience with a concise overview of specific areas of EU policy in the field of employment, social affairs and inclusion. It illustrates the key issues and challenges, explains policy actions and instruments at EU level and provides examples of best practices from EU Member States. It also presents views on the subject from the Council Presidency and the European Parliament. Volume 6 looks at the origin and purpose of labour market rules across the EU. It highlights the importance of ensuring good and healthy working conditions and a level playing field in the Single Market. It explains the respective roles the EU institutions and Member States play in shaping the legislation on employment and working conditions: in general, EU rules help to set minimum standards and requirements to underpin national laws, aiming to ensure the realization of the values set out in the EU's founding Treaties. The guide also explains how EU labour law has been influenced by international standards and the role the EU plays in promoting decent work across the world.
Author : Roger Blanpain,Frank Hendrickx
Publisher : Kluwer Law International B.V.
Page : 274 pages
File Size : 54,8 Mb
Release : 2016-03-23
Category : Law
ISBN : 9789041162700
Guaranteeing third country national workers robust equal treatment with regard to working conditions and pay is a crucial condition for avoiding social dumping, exploitation, and other reasons for regime shopping within the EU. However, Member States are still reluctant to compromise control of their borders and their labour markets. The EU legislation adopted is, as a result, fragmented and full of solutions that give Member States an extensive margin of room for manoeuvre. In this book six distinguished European labour law academics discuss how three EU directives on labour migration – the Single Permit Directive, the Blue Card Directive, and the Directive on Seasonal Employment – interact with the labour migration systems of France, Germany, Italy, Poland, and Sweden – five countries with very different characteristics and approaches to implementation. Concrete issues dealt with in each country include the following: – conditions for granting work permits; - reasons for withdrawing a work permit; - how long a migrant worker can stay; - whether a migrant worker can bring his or her family; - employment and labour rights of migrant workers; - migrant workers' access to social rights; - how a migrant worker may enforce rights; - sanctions for violations of applicable provisions; and - potential for permanent status for a migrant worker. For each of these issues the authors analyse to what extent national legislators have been ready to adapt their national systems in order to fulfill the aims of the EU directives. They also identify unintended, or at least not explicit, effects of the implementation process. The authors clearly reveal whether the ambitions of the EU when initiating this process can be detected in the implementation process, and how implementation of the three directives have changed and could change national law on these issues. As the first in-depth analysis of how the intersection of migration and labour law and their impact on labour and employment relations play out in the EU context this book brings important insights to the growing literature in this field. The analysis will be of particular interest to national legislators, but is also sure to be warmly welcomed by academics and practitioners in fields related to labour and employment and migration.
Author : Alan C. Neal
Publisher : Routledge
Page : 260 pages
File Size : 46,5 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105060432866
A consideration of one of the most important questions that an employment judge could be asked - namely, to identify the fundamental rights of workers. The book is the result of a conference on the subject, and contains input from employment judges from the Member States of the European Union and also from members of the European Economic Area.
Author : Wilfried Beirnaert
Publisher : Kluwer Law International B.V.
Page : 382 pages
File Size : 45,9 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122520
A generation ago, temporary work was practically outlawed. During the 1950s, the International Labour Organisation (ILO) clearly stated (in request to a question from the Swedish government) that temporary agency work was prohibited by ILO Convention 96 regarding fee-charging placement. Trade unions, of course, were in complete agreement, both because temporary work arrangements undermined the situation of permanent workers and deprived the temporary workers themselves of equal treatment guarantees. Yet persistent employers, always ready to find ways around this prohibition, have gone from strength to strength until today the role of private employment services is offered up to the public as that of an active link between employer and employee and an equal benefit to both. It is even defended as a force that effects the social integration of long-term unemployed, even of non-qualified or less-qualified workers. It is indeed along these lines that the proposed European directive on the working conditions of temporary workers justifies its requirement of Member States to discontinue any restrictions or prohibitions on temporary work for certain groups of workers, sectors or areas of economic activity. But how justifiable is this idea of the generalized leasing of employees? How acceptable is it under both labour law and social justice considerations? Although these important questions have been asked repeatedly for many years, no answers acceptable to all parties have yet been found. Accordingly, in April 2003 a group of outstanding authorities- practitioners, ILO officials, academics, policymakers, jurists, and labour experts-met in Brussels to reconsider these issues in light of the ongoing discussion on the proposed directive and the major labour market developments which have taken place in many countries over the last few years. Among the considerations raised there (and recorded in this book) are the following:the potential role of private employment agencies as fully integrated manpower providers;the wages and working conditions of workers who are put at the disposal of users;guarantees of equal treatment and other social protection provisions for temporary workers;the possible development of a dual-employer scheme of agency and user; and, continuing work 'diversification' and its acceptability to the various actors and interests involved. These papers, reports and panels merit great attention because the matters they discuss will determine the way our labour markets-at national, European and international level-will function for years to come. No practitioner, policymaker, or academic in the field of employment and labour relations can afford to ignore this very significant book. This volume contains reports given at the International Conference on Temporary Agency Work and the Information Society, held on 28-29 April 2003 at the Royal Flemish Academy, Brussels, and sponsored jointly by the Academy, the Euro-Japan Institute for Law and Business, and the Society for International and Social Cooperation.
